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Advice to Raginder Kular

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Enquiry

From
Raginder Kular
Date advice given
27 October 2011
Enquiry type
Email

Are there any restrictions or rules governing the subsequent disposal of land acquired compulsorily as part of a development consent order (DCO)?

Advice given

You may be aware that the Crichel Down Rules are non statutory rules which govern procedures for disposal of surplus land acquired compulsorily by Government departments (for which the Rules are mandatory) and certain public bodies such as the Highways Agency (for which the Rules are discretionary). The IPC is unable to advise either applicants or owners of land which has been acquired compulsorily under the terms of a DCO whether the procedure in the Crichel Down Rules should be followed in any particular case before disposing of surplus land. Applicants and others should seek their own legal advice. In general terms however the Planning Act 2008 does not impose any restrictions on disposal of surplus land (such as a requirement to offer back to original owners) which has been acquired compulsorily under the terms of the DCO.